Theis v. Lake County et al

Filing 81

ORDER ADOPTING 77 FINDINGS AND RECOMMENDATIONS in full; granting 53 , 49 Motions for Summary Judgment. Signed by Judge Dana L. Christensen on 11/6/2018. Mailed to Theis (TAG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
MISSOULA DIVISION

CHARLES E. THEIS,
CV 17-79-M-DLC-JCL
Plaintiff,
ORDER

vs.
CAPTAIN JOEL T. SHEARER and
PROVIDENCE ST. JOSEPH
MEDICAL CENTER,
Defendants.

United States Magistrate Judge Jeremiah C. Lynch entered his and
Recommendations in this case on August 28, 2018, recommending Defendants'
separate motions for summary judgment be granted and this action be dismissed.
(Doc. 77 at 11.) Plaintiff did not object to the Findings and Recommendations and
so has waived the right to de novo review thereof. 1 28 U.S.C. § 636(b)(l)(C).
Absent objection, this Court reviews findings and recommendations for clear error.

United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en bane);
Thomas v. Arn, 474 U.S. 140, 149 (1985). Clear error exists if the Court is left
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Plaintiff instead filed a "Notice to Proceed to Trial" (Doc. 78) which states that he has not
received mail in months but is ready to proceed to trial. As it is Plaintiffs obligation to keep the
Court apprised of his current address (L. R. 5.2), and his "Notice" does not in any way change
the facts upon which summary judgment is being granted, or even reference the issues, findings,
or conclusions therein, the Court will not construe this "Notice" as an objection to Judge Lynch's
Findings and Recommendations.

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with a "definite and firm conviction that a mistake has been committed." United

States v. Syrax, 235 F.3d 422, 427 (9th Cir. 2000) (citations omitted). Reviewing
for clear error and finding none,
IT IS ORDERED that Judge Lynch's Findings and Recommendations (Doc.
77) are ADOPTED IN FULL. Defendants' motions for summary judgment (Docs.
49; 53) are GRANTED and this action is DISMISSED.

/' Je,

DATED this _t>_ day ofNovember, 2018.

Dana L. Christensen, Chief Judge
United States District Court

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